Fracking – New York ups the ante with new rules.

6 Oct 2011

I previously blogged about Michigan’s entry into “fracking” regulations and EPA’s study of the process as well.  Now, New York has issued an Environmental Impact Statement on the subject and proposed rules which are far more expansive than Michigan’s. 

Where Michigan adopted rules requiring: records be kept of fracking; fracking solutions be disclosed; and documentation of the plans to use fresh water for fracking, New York has jumped into this with far more vigor.

New York is proposing to require frackers to:

  • have a blowout preventer use and testing plan;
  • have detailed mapping requirements;
  • disclose chemical additives; 
  • comply with detailed well construction, site preparation, operational, and maintenance requirements for fracking wells;
  • provide certain certifications when applying for a permit;
  • requiring applicants to develop a comprehensive stormwater pollution prevention plan (SWPPP);
  • comply with construction, reclamation and drilling requirements for fracking wells;
  • treat, recycle or properly dispose of all flowback water and production brine;
  • conduct and report on certain monitoring including testing requirements for residential water wells.

There are also multiple new setback requirements proposed including prohibiting certain fracking activities and discharges within 4,000 feet of an unfiltered surface water supply watershed; within 500 feet of a primary aquifer; and, within 100 year floodplains.

While not final, these proposed rules certainly take a more assertive approach to environmental protection than do the Michigan directives that recently took effect. 

Leave a Comment to “Fracking – New York ups the ante with new rules.”

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